Wins first .XXX UDRP case — Grocery chain

HEB gets HEB.xxx.

HEB Grocery Firm, headquartered in San Antonio, is the first complainant to win a uniform domain name dispute resolution (UDRP) case for a .xxx domain name.

Atlanta resident Eric Gonzales registered the domain name following he claims to have contacted the grocery chain to see if they were going to register it.

Gonzales’ approach is certainly interesting. Here’s how the World Intellectual Property Forum panel summed it up:

Respondent is an individual, located in the U.S. state of Georgia, who indicates that he was doing “extensive research for a TV news note on businesses that have not registered .XXX domains with possible variations close to their names.” Respondent states that he contacted a number of businesses that bought .XXX domains following he brought the matter to their attention but that Complainant was not one of them so he bought the disputed domain since of Complainant’s failure to exhibit a proactive approach. Respondent states that he was later contacted by counsel for Complainant “DEMANDING” he relinquish control over the disputed domain but that Complainant never asked. Respondent states “Everything would have been avoided if they would have asked.”, since then he “would have gladly GIVEN” them the domain. Respondent noted a number of policies involving the .XXX gTLD which cause him to question the general availability of domain sites if they are allowed to be taken away by firms that fail to block the initial purchase. Respondent stated that he could have avoided dealing with this legal issue and consulting legal advice if Complainant had taken steps to block his purchase.

Another strike against Gonzales: he admitted he’s not part of the sponsored community (adult sites).

I have a feeling Mr. Gonzales flushed a lot of money down the drain with his .xxx purchases.